Exporter Backs Commerce's Decision to Revoke AD Orders on Brightening Agent at CAFC
Exporter Teh Fong Min (TFM) International Co. filed a brief at the U.S. Court of Appeals for the Federal Circuit last week adopting the government's defense of its decision to revoke the antidumping duty orders on stilbenic optical brightening agents from China and Taiwan after no interested domestic party filed a notice of intent to participate in sunset reviews on the orders (Archroma U.S. v. U.S., Fed. Cir. # 24-2159).
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The Commerce Department revoked the orders after petitioner Archroma U.S. failed to timely file a notice of intent to participate in the proceedings. The Court of International Trade said Commerce's regulation requiring this notice to be filed violated the governing statutes. The U.S. appealed, arguing that Commerce has the inherent authority to set procedural requirements in its AD/CVD proceedings and that the requirement to file a notice of intent to participate falls "squarely" within the agency's authority to issue regulations (see 2412120018).
In support of this position, Teh Fong Min said the statute requires only a statement from an interested party "expressing their willingness to participate in the review by providing information requested by the administering authority and the Commission." Congress didn't specify the information to be requested, leaving it to Commerce "to articulate the information required," the exporter said.
Teh Fong Min added that the requirement to file the notice of intent to participate "serves to alert potential respondent interested parties that they may need to file a substantive response 30 days after the notice of initiation."